Description:

PRO C6/15/167  Scudamore v Kathrine Price.

Bill of Complaint. This document although not worn or creased was much harder  to read than the answer due to the poor style of the writing.

Transcription by Arthur Price, reproduced with his kind permission.

[illege] 16[5?]3

To the right ho’bble the Lords Comser keepers of the greate Seale of England showeth unto yr Lordship.

Humbly Complainenge […. …. .... …. your Orator John Scudamore of Kentchurch in the county of Hereford Esq that whereas one Watkin William & Katherine his wife and William their sonne being lawfully seized in their or one of them [of] demeasin as c[…. faded illegible]  a messuage or Teemt & divers lands thereto  belonginge lyeinge in the parish of Clodock in the county of Hereford of the cleare yearlie value of twelve pounds or thereabouts & now in the possession of your orator his tenents or assigns did on or about the six  and [twentieth] yeare  of the raign of the late King Henry the eigth by their lease in writinge under their hands and seales devise the said premises wth the appertences unto one David  ap John Gwillym Griffith for the tearme of Nynetynine yeares att & under the yearely rent of twenty shillings thereby recieived and by the Indenture of lease in that behalf made (if it might be produced would appear) by force whereof the said lease unto the said premises entered & now there possessed encourdingly & afterwards the said Watkin William & Katherine his wife dyed & the said William Watkin their sonne & heire then survived & became soley seized as of fee of & in the said rent & revercon of the said premises & beinge soe thereof seized he the said William Watkin by his deed dated on or about the tenth day of March in the thirtieth year of the raigne of our late soverraigne Lady Queene Elizabeth & duely executed wth such ceremonies as the law required in that behalf (for the Consideratione therein contained) did grant and convey the revercon inheiritance of the said premises & the said yearly rent incident thereon to unto one David ap David & his heires forever. Then such said […. ….] soe made and transfer for the sole benefit and behalf of Thomas Scudamore of Kentchurch aforesaid of [….] late grandfather of your Orator By wch said last mentioned grant the said David Ap David became lawfully seized of and in the said premises (in trust for the benefit of the said Thomas Scudamore & his heires as aforesaid) And the said Thomas Scudamore had received the said yearlie rent of twenty shillings until the […. ….] from such person or persons as held & enjoyed the said premises by and under the said lease of nyntynine yeares And upon the death of the said Thomas Scudamore (being about five and forty yeares last past) Ann Scudamore widow and relict gave in [….] some grant […. …. ….] to [heire?] of the said premises (amongst other things) by the said Thomas Scudamore by way of jointure became seized of the said rent & revercon of the said premises for tearm of her lief & had & received the said yearly rent of twenty shillings for many yeares & untill the expiration of the said lease wch was in the yeare of our Lord one thousand six hundred thirty & eight of John Price late of Oldcastle in the county of Monmouth gent deceased tennent in possession of the said premises by force of some grant or assignment unto him made of the said [tenancy?] of ninetynyn yeares the use of granted as aforesaid att or aboute wch tyme the said Ann dyed whereupon the said premises or att least the equitable right & interest thereof descended & came as of fee & right unto yor orator beinge sonne & heire of John Scudamore the Elder late of Kentchurch aforesaid Esq deceased who was sonne & heire of the said Thomas Scudamore by force whereof yor orator into the said premises entered & was then of lawfully seized in his demescin as of fee or otherwise [….] to hold & enjoy the same accordingly thereto as aforesaid. And the said John Price about sixteen yeares last past dyed & Thomas Price eldest sonne of the said John Price having gotten all the deeds & evidences of the said premises into his hands interrupted yr orator in the enjoymt thereof & shortly after died leaveing Kathenne Price widow his relict and John Price his eldest sonne being yet then an infant whereupon yr orator aboute seaven yeares last past having the quiet possession of the said premises did demise & grant the same unto one Edward William for one yeare & soe from yeare to yeare soe long both parties should agree therein att the yearly rent of twelve pounds thereby soe [serviced?] by force whereof the said Edward William there unto entered & was thereof lawfully possessed accordingly [….] soe it is may it please yr Lordshps that the said Katherine Price & John Price her sonne combining & confederatcon & wth one Nicodemmus Symonds & Phillipp Watkins to defraude & deceave yr orator of the said premises doe give out & ptend that the said Thomas Price in his lifetime did obtain some conveyance or grant of the said premises of & from some person or persons wch was[….] att lawe unto the said originall leases or some of them & afterwards made some grant or conveyance of the said premises to the use of the said Katherine Price for tearme of her life if any such conveyance was ever made [….] and if the same was soe done wth out any good or valuable consideration […. ….] the fee & inheritance of the said premises were granted unto the said David ap david as aforesaid are therefore voyd & invalid in lawe yet the said Thomas Price (beinge in possession of the said premises by fource or colour of the said originall lease of nyntynine yeares & concearning yr orator could not manifest or devise unto himself any estate in lawe – in or to the said premises or sae that the said yearely rent of twenty shillings now paid for the same unto yr orators […] ancestors as aforesaid did well hope  ( most unjustly) to make & teate an estate of […] unto himself of & in the said premises by exercon of livery & seizing thereon an leavying of fines thereon and concealinge the said lease thereof made as aforesaid never the less your orator hopes & doubts not but to prove & make appr to this Honble Court by testimony of divers witnesses that the said rent of twenty shillings hath bin duely payd unto the said Thomas Scudamore in his life time and afterwards unto the said Ann during her life according to the purport of the said lease & that the fee & inheritance of the said premises for above the fifteen score yeares last past hath  binn commonly reputed to belong unto your orator & his said ancestors & that the said John Price the Elder in his life time did acknowledge that he had but an estate for yeares of & in the said premises and that he and the said Thomas Price his sonne respectively did endeavour to take a new lease of the said premises from yr orator & his said father & the said Ann Scudamore respectively And that the said David ap david or his heirs att lawe late conveyed & assured the said premises accordinge to the said trust unto & upon yr orator or some of his Ancestors by wch means yr orator is thereby well seized in his demeasine as of fee accordingly never the less the said confederates havinge gotten all the said deeds & evidences touchinge the said premises as aforesaid wch doe sett forth & manifest yr orators tyth & interest thereto doe intend or endeavour to oust him of his possession thereof by colour of the said fraudulent conveyance by them sett  afoote as aforesaid to [….] greate wronge & disinherison of yr orator And from that [….] of the said Katherine Price & John Price her sonne or one of them had or late lately entered into & upon the said premises in a clandestine manner & sealed or appointed some lease then [….] unto the said Nicodemus Symonds & caused & pressured the said Phillip Watkins to enter upon & oust & eject the said Nichodemus Symonds of the said premises purposely to gain possession thereof by an Acon of evjectione [….] from yr orator wch [….] his priority (all wch hath bin by them unjustly endeavoured) And moreover the said Katherine Price Nichodemus Symonds & phillip Watkins with divers other persons as yet unknown to yr orator (whoe [….] they may be incensed defts [….] bill when they shall be discovered ) about five years last past in a private manner & in the night time entered into & upon the said premises & did drive away thence (on prtence of taking a damage) […. ….] foure oxen & two cowes worth thirty pounds wch were [….] & [….] upon the said premises beinge then the beasts of the said Edward William yr orators then tennt of the said premises & bringe the said catle from the said premises & into the county of Monmouth by wch [….] the said Edward William could not ghett the said beasts to be retrieved nor could discover by whome they were soe taken away & and in regard yr orator was to defend & maintaine his said tennt  in the lawfull possession of the said premises & to indempnefye  him against all claims to the [….] made thereon to yr orator now nescitated & did give satisfacon for the said oath into the said Edward William who thereupon by his deed in writing sold the said bests to yr orator yet they are withheld from him by the said confederates All wch doeings of the said Katherine Price John Price her sonne Nichodemus Symonds & phillipp Watkins do tend to yr orator a express wrong & damage he being utterly […. ….] in the whole premises for the reasons aforesaid by the rules odf the common law of this Nation & is relievable therin only in Cause of Equity before your Lo-pps In tender consideration odf all wth & to the and the said Katherine Price Nichodemus Symonds & Phillip Watkins may upon their oaths & the said John Price the younger beinge yet an infant may by his guardian sett forth & discover by what title or interest they or any & wch of them do now clayme the said premises & what grants leases or estates have byn thereof had or made by them or any of them & by whose direcon or appointment did the said Phillip Watkin enter into the said premises & oust or eject the said Nicodemus Symonds thereof & whether the said Katherine Price John Price the younger & Nichodemus Symonds or any wch of them were consentinge thereto & wether the said John Price the elder & Thomas Price or either of them did not […] confess & acknowledge that the said premises were by them or one of them sold by lease under yr orator or his said Ancestors  or some of them & whether the said John Price the Elder by himself or his tennents were not in possession of the said premises for many yeares before the deeds or conveyances there of made unto the said Thomas Price & from whome had the said John Price first possession of the said premises And may alsoe discover what psons did take & drive away the said cowes & oxen & by whose direction was the same done & what became of the said cattle & whether  they bought  or driven when they were taken from the said premises as aforesaid & if the said catle were sould then when where, to whome, by whome, & for how much money were they sould & whether the said money or any part & how much thereof was paid unto the said Katherine Price And that also yr oratot may & serve the Testimony of his witnesses  touchinge the premises (being all of them [….] aged and feeble) by havinge them examined  in the cause in this honble Court & their deposicons in that behalf taken [then filed?] of [?]econd the future proof & manifestation of yr orators said right & interest in and to the said premises . May it therefore please yr Lo’pp to grant to yr orator a writt or writs of subpan to be awarded under the greate seale of England to be directed unto the said Katherine Price John Price the younger & Nichodemus Symonds & Phillip Watkin thereby commandinge them & every one of them att acertain day & under a certain paine therin to be directed & personally be appear before yr Lorpp in the high Court of Chancery then & thence to enforce the sd issues on their oath & to stand to obey & performe such order & orders for yr orators relief […. ….] to yr Loshpp.

Observations:

This branch of the Price family acquired extensive property and interests in many of the parishes of Ewyas Lacy, and further references can be found here.